How about indemnifying each other? If they want the language then the reciprocal should be expected, right?
Indemnification. Lessee shall indemnify and hold Lessor harmless from any and all liability, damage, expense (including attorneys' fees and costs), cause of action, suits, claims or judgments by any reason. Lessor shall indemnify and hold Lessee harmless from any and all liability, damage, expense (including attorneys' fees and costs), cause of action, suits, claims or judgments by any reason. -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of RickG Sent: Tuesday, March 02, 2010 6:04 PM To: WISPA General List Subject: [WISPA] tower contracts One of our favorite topics :) So, I've had fairly good luck with the tower agreements that I've posted until lately. It seems people are getting real particular these days, which is fine. After two years of discusions, I've finally made some progress of getting on a nearby towns water tank. My issue is that they have scrapped my contract and come up with an "easement contract" of their own. Its not too bad but I'm concerned about the "indemification section". Basically, it reads as follows: INDEMNIFICATION: The Grantee does hereby agree to defend, hold harmless, and indemnify Grantor, its successors and assigns, from any claim of liability or any other claim involving the access, utilities, or arising out of the Grantee's use of the easement described above, unless caused by Grantor's negligent or willful conduct or Grantor's failure to fulfill its maintenance obligations as set forth in Paragraph 6 above. As a government. the Grantor reserves all rights afford under its Sovereign Immunity. Basically, it protects them but not me. LOL, normally my contract does the reverse! Thoughts? -RickG ---------------------------------------------------------------------------- ---- WISPA Wants You! Join today! http://signup.wispa.org/ ---------------------------------------------------------------------------- ---- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
